The following Terms and Conditions sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.
Vendor agrees to have Pic A Photobooth operational for a minimum of 95% of the clients service period. Occasionally operations may need to be interrupted for normal maintenance of the photo booth i.e., changing of ink cartridges, media paper etc. If in the event the normal maintenance time exceeds 5% of the clients service period the client will be reimbursed the amount of time the photo booth is inoperable, that amount to be pro-rated.
Payment is to be made in full at time of purchase. If payment is not made in full at time of purchase then the remaining amount due is to be paid in full at least 30 days before the client’s event, unless otherwise stated. If client fails to make the remaining payment within 30 days of the clients event date the event will be cancelled and the client will forfeit whatever monies were paid up to that point. If the client uses the equipment for a period of time in excess of the service period agreed to the overage in rental time will be billed to the client at the following rate: $150.00 per hour.
ACCESS, SPACE & POWER FOR PHOTO BOOTH
Client will arrange for an appropriate space for the photo booth at the designated venue (10’ deep x 10’ wide x 10’ high). Client is responsible for providing a power source for the photo booth (110V, 10 amps, 3 prong outlet).
If the venue is to be held outdoors client understands the photo booth can be shut down during the event due to inclement weather (wind, rain, snow, hail or sleet). If there is inclement weather and the photo booth has to be shut down, the event will be cancelled and any monies given is non-refundable. We suggest that client have a contingency plan in place for outdoor events to prevent a possible shut down due to inclement weather. A contingency plan can be to have indoor space available at time of the event so the event can be moved indoors prior to setting up. Or client can have a protective tent covering at the event. PIC A PHOTBOOTH will only set up and break down equipment one time so please plan accordingly.
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made in writing at least 30 days in advance of the original event date. Change is subject to photo booth availability and receipt of a new service contract. If there is no availability for the alternative date, any monies received from client shall be forfeited and the event cancelled. If client requests a date change less than 30 days before the event date then the event will be cancelled and any monies received up to that point will be forfeited by the client. If a client cancels an event within 30 days of the event date any monies received from the client shall be forfeited by the client.
DAMAGE TO VENDOR’S EQUIPMENT
Client acknowledges that it shall be responsible for any damage or loss to the vendor’s equipment caused by: a) Any misuse of the vendor’s equipment by client or its guests, or b) Any theft or disaster (including but not limited to fire, flood or earthquake). Vendor at his/her sole discretion can cancel the event due to clients and/or guests misuse and damage to vendors equipment. If the event is cancelled for this reason any monies paid for the event is non-refundable.
Client agrees to, and understands the following:
a) Client will indemnify vendor against any and all liability related to client’s event.
b) Client will indemnify vendor from the time of service and on into the future, against any liability associated with client.
c) Client will indemnify vendor against any and all liability associated with the use of pictures taken by Pic A Photobooth, its representatives, employees or affiliates at client’s event.
Vendor will have their own general liability insurance policy in place at the event unless the venue has insurance whereby the venue’s general liability insurance policy will govern.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable under contract law, then that provision, or portion thereof, shall be deemed separate from the rest of this contract and shall not affect the validity and enforceability of any remaining provisions, or portions thereof. This is the entire agreement between vendor and client relating to the subject matter herein and shall not be modified except in writing, signed by both parties. In the event of a conflict between parties, client agrees to solve any arguments via arbitration. If the printer fails to print out photos on site the vendor will be allowed to give a web site to the client where their guests can log onto and print pictures free of charge with the ability to download the digital files for their own use. Vendor is not responsible for any consequential damages or lost opportunities upon breach of this agreement.